Daily Record

SNP slammed for withholdin­g vital Salmond probe papers

Committee investigat­ing debacle urges Government rethink – and hints at forcing it to release info

- BY PAUL HUTCHEON Political Editor

THE SNP Government has been slammed for refusing to release key documents to a top-level probe into the Alex Salmond affair.

MSPs have criticised the Government for refusing to release vital informatio­n to the inquiry being conducted by a powerful Holyrood committee.

Convener Linda Fabiani MSP hinted her committee could compel the release of the documents.

Two years ago, Nicola Sturgeon’s Government investigat­ed claims of sexual misconduct against Salmond when he was first minister.

Salmond pursued a judicial review and was successful when the internal investigat­ion was ruled to be unlawful.

A committee of MSPs was set up to examine a debacle that has cost more than £500,000 of public money.

As part of the committee’s work, MSPs asked the Government for informatio­n relating to the judicial review.

However, the Government said “legal profession­al privilege” restricted what could be given to the committee.

In a letter to Scottish Government permanent secretary Leslie Evans, Fabiani wrote: “I am writing to express the committee’s frustratio­n and disappoint­ment at the very limited amount of informatio­n the Scottish Government has chosen to disclose to the committee in relation to the judicial review, which as you are aware is at the core of the committee’s remit.” Concern was also expressed about the categories of documents that were withheld, and how many were held back. She added: “The committee insists that you revisit your decision to withhold the vast majority of informatio­n related to the judicial review, with a view to markedly increasing how much you share given the need to act in the public interest.”

Fabiani continued: “The committee expects, as a matter of absolute urgency, a detailed descriptio­n of the forms of the documents being withheld and the specific grounds for doing so.”

The committee asked the Government to waive legal privilege due to the “importance” of the informatio­n.

Fabiani added: “The committee will not hesitate to explore all options available to it to receive the documents it requires for this inquiry if the Scottish Government continues to refuse to provide documents and to provide an adequate explanatio­n for withholdin­g such documents.”

Although the Government has asserted its “privilege” in the communicat­ions, the Scottish Ministeria­l Code is clear that legal advice can be published.

It states: “If, in exceptiona­l circumstan­ces, ministers feel that the balance of public interest lies in disclosing either the source or the contents of legal advice on a particular matter, the law officers must be consulted and their prior consent obtained.

“Such consent will only be granted where there are compelling reasons for disclosure in the particular circumstan­ces.”

Oral evidence for the inquiry begins later this month.

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 ??  ?? INQUIRY Sturgeon. Top, Linda Fabiani
INQUIRY Sturgeon. Top, Linda Fabiani

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